Rakesh Rai @ Rakesh Kumar Vs. the State of Bihar

in the high court of judicature at patna criminal miscellaneous no.1585 of 2012 ====================================================== rakesh rai @ rakesh kumar .... .... petitioner versus the state of bihar .... .... opposite party ===================================================== coram: honourable mr. justice dinesh kumar singh oral order (per: honourable mr. justice dinesh kumar singh”18. 01-2012 heard learned counsels for the petitioner and the state. the petitioner is apprehending his arrest in a complaint case in which cognizance has been taken under sections 323, 341, 448, 384 and 380 of the indian penal code. it is alleged that the petitioner entered into the house of the complainant in a drunken condition and took rs. 10,000/- on pistol point and tried to establish physical relationship and also took rs. 30,000/- from the bag. it is submitted by learned counsel for the petitioner that the petitioner is the neighbour of the complainant and since he wanted to get back the loan amount from the complainant the false case has been lodge. it is further submitted that for the occurrence of 15.10.2010 the complaint was filed on 18.10.2010 and from the accusation made no case under section 384 ipc is made out. patna high court cr.misc. no.1585 of 2012 (2) dt.18-01-2012 2/2 considering the delayed lodging of the complaint which clouds the bona fide of the accusation, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned judicial magistrate, 1st class, patna in connection with complaint case no. 2857c of 2010 subject to the conditions as laid down under section 438(2) of the cr.p.c. (dinesh kumar singh, j.) amrendra